The National Authority for Management and Regulation in Communications (ANCOM) has elaborated and submitted to public consultation the new law on electronic communications establishing the national framework in the field. The amendments need to be inserted following the review of the European framework, and the main purpose is to implement the new European Directives. The amendments concern: the general authorisation regime, the radio spectrum and numbering management, the end-users’ rights, the Universal Service, the measures the regulatory authority may adopt in view of fostering competition, or the sanctioning and control procedure.
In the radio spectrum field, a series of changes meant to enhance the flexibility and efficiency of the allocation of this scarce resource have been made. Thus, this project allows for more flexibility in the spectrum users’ transfer to third parties of the right to use the radio frequencies, given that this operation does not harm the competition and does not lead to the non-usage of the spectrum. Furthermore, the draft law proposes that the radio broadcasters providing radio and TV public programmes be exempted from the selection procedure for granting the right to use the radio frequencies for, under certain conditions.
As well, ANCOM will be able to revoke, wholly or partly, the right to use the radio frequencies, if such measure is deemed necessary in order to ensure a fully competitive environment, as the radio spectrum hoarding is concerned. The licences granted for the use of radio frequencies will be renewed while ensuring the possibility for ANCOM to review the initially imposed conditions. Also, ANCOM will be able to bind the licence renewal by the payment to the state budget of a licence fee whose amount is to be established individually by Government decision.
One of the main objectives of the relevant European framework amendment relates to promoting the users’ interests, by ensuring both a high level of protection of personal data and privacy, and the integrity and security of the electronic communications networks and services. As a general rule, it is established that the providers must take all the due technical and organisational measures with a view to ensure the security and integrity of the offered networks and services, so as to provide a security level adequate to the identified risk and prevent or minimise the impact of the security incidents on users and on the interconnected networks. ANCOM is entitled to establish the modality of implementing the regulations related to the security and integrity of electronic communications networks and services, in compliance with the public consultation procedure.
The provisions concerning the end-users’ rights have also been amended and completed, especially those related to transparency and end-users’ right to be informed by the providers of publicly available electronic communications services, to the minimum information which must be included in the contracts, or to the conclusion or performance of long-distance contracts.
In addition to the current regulations, the providers must insert in the contracts information on: any conditions limiting the access or use of certain services and applications, the procedures for measuring and managing the traffic with a view to avoid the congestion of the network segments or their use at full capacity, the impact of these procedures on the service quality, the categories of measures that can be taken should incidents, threats and vulnerabilities regarding the security or integrity of the network and/or services occur.
A special importance was given to the end-users with disabilities, whose rights were extended so as to ensure that they benefit from the same offer of electronic communications services as the other end-users, and to ensure their access to emergency numbers, free of charge and without using any means of payment.
The new European framework brought a series of amendments as regards the sanctioning and control procedure. Thus, if ANCOM finds that an obligation was breached, it will notify the provider on the respective breach and will grant it a term for expressing its point of view on the indicated aspects. The obligation to grant a term of at least 30 days in which the provider could justify or remedy the breach was removed. As well, according to the new framework, the Authority will enforce the due sanction even in cases when the provider understood to remedy the infringement for which the notification was sent. In this case, when individualising the sanction, ANCOM will take into account the time frame in which the legal obligation was infringed. Among the measures meant to re-establish the lawful status and to remedy the situation, ANCOM may even decide to suspend or postpone the provision, for a certain period of time, of a service or a package of services whose provision might affect the market competition, or take any other measures.
“Transposing the new European regulatory framework into the national legislation is one of the most important projects of ANCOM thus far, an undertaking of wide scope and with significant impact on both the Romanian telecom market and users. The new Directives offer the regulatory authorities enhanced competences as regards the protection of the end-users and the fostering of competition in the telecom market”, Catalin Marinescu, the president of ANCOM, stated.
The amendments to the European framework must be transposed into the national legislation no later than 25 May 2011. The draft law is available for consultation here. The interested persons are invited to send their comments and suggestions, by 14.01.2011, at the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, or directly to the Registry. Comments may also be sent by fax to +40 732 845 402 or by e-mail to consultare@ancom.org.ro.